Federal Register, Volume 59 Issue 59 (Monday, March 28, 1994)

[Federal Register Volume 59, Number 59 (Monday, March 28, 1994)]
[Unknown Section]
[Page ]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-7223]

[Federal Register: March 28, 1994]

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Part V

Department of the Interior

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Fish and Wildlife Service

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50 CFR Part 17

Endangered and Threatened Wildlife and Plants; Endangered Status for 11
Plant Species From the Koolau Mountain Range, Island of Oahu, Hawaii;
Final Rule
DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AB69

Endangered and Threatened Wildlife and Plants; Endangered Status
for 11 Plant Species From the Koolau Mountain Range, Island of Oahu, HI

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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SUMMARY: The U.S. Fish and Wildlife Service (Service) determines
endangered status pursuant to the Endangered Species Act of 1973, as
amended (Act), for 11 plant species: Chamaesyce deppeana ('akoko);
Cyanea truncata (haha); Cyrtandra crenata (ha'iwale); Cyrtandra
polyantha (ha'iwale); Eugenia koolauensis (nioi); Hesperomannia
arborescens (no common name (NCN)); Lobelia oahuensis (NCN); Lycopodium
nutans (wawae'iole); Melicope lydgatei (alani); Rollandia crispa (NCN);
and Tetraplasandra gymnocarpa ('ohe'ohe). All but five of the taxa are
or were endemic to the Koolau Mountain Range on the island of Oahu,
Hawaiian Islands; the exceptions are or were found on the islands of
Kauai, Molokai, Lanai, Maui, and/or in the Waianae Mountains of Oahu,
as well as the Koolau Mountains. The 11 plant taxa and their habitats
have been variously affected or are currently threatened by one or more
of the following: Habitat degradation by trampling and/or predation by
wild, feral, or domestic animals (pigs, goats, cattle, rats, slugs);
competition for space, light, water, and nutrients by naturalized,
introduced vegetation; habitat loss from fires; trampling due to
military training exercises; and recreational activities. Due to the
small number of existing individuals and their very narrow
distributions, these taxa are subject to a danger of extinction from
stochastic events and/or from reduced reproductive vigor. This final
rule implements the Federal protection provisions provided by the Act.

DATES: This rule takes effect April 27, 1994.

ADDRESSES: The complete file for this final rule is available for
public inspection, by appointment, during normal business hours, at the
U.S. Fish and Wildlife Service, Pacific Islands Office, 300 Ala Moana
Boulevard, room 6307, P.O. Box 50167, Honolulu, Hawaii 96850.

FOR FURTHER INFORMATION CONTACT: Robert P. Smith, at the above address
(808/541-2749).

SUPPLEMENTARY INFORMATION:

Background

Chamaesyce deppeana, Cyanea truncata, Cyrtandra crenata, Cyrtandra
polyantha, Eugenia koolauensis, Hesperomannia arborescens, Lobelia
oahuensis, Lycopodium nutans, Melicope lydgatei, Rollandia crispa, and
Tetraplasandra gymnocarpa are either endemic to or have their largest
or best known populations in the Koolau Mountain Range on the eastern
side of the island of Oahu, Hawaii. Five of these taxa are or were
known from regions other than the Koolau Mountains. Eugenia koolauensis
was historically known from the island of Molokai. Hesperomannia
arborescens is known also from the islands of Molokai and Maui. It is
extirpated on the island of Lanai. Lycopodium nutans once grew on the
island of Kauai but is now found only in the Koolau Mountains of Oahu.
Lobelia oahuensis and Tetraplasandra gymnocarpa are restricted to the
island of Oahu, including the Koolau Mountains and one population of
each species in the Waianae Mountains.
The island of Oahu was formed from the remnants of two large shield
volcanoes, the younger Koolau volcano on the east and the older Waianae
volcano to the west (Department of Geography 1983). Their original
shield volcano shape has been lost as a result of extensive erosion,
and today these volcanoes are called mountains or ranges, and consist
of long, narrow ridges. The Koolau Mountains were built by eruptions
that took place primarily along a northwest-trending rift zone
(Macdonald et al. 1983) and formed a range now approximately 37 miles
(mi) (60 kilometers (km)) long (Foote et al. 1972). Median annual
rainfall for the Koolau Mountains varies from 50 to 250 inches (in)
(130 to 640 centimeters (cm)), most of which is received at higher
elevations along the entire length of the windward (northeastern) side
(Taliaferro 1959).
The vegetation communities of the Koolau Mountains, especially in
the upper elevations to which many of the 11 plant taxa are restricted,
are primarily lowland mesic and wet forests dominated by Metrosideros
polymorpha ('ohi'a) and/or other tree or fern taxa. Much of the Koolau
Mountain Range is vegetated with alien plant taxa. Most of the
remaining native vegetation is restricted to steep valley headwalls and
inaccessible summit ridges. The windswept ridges are very steep and are
characterized by grasses, ferns, and low-growing, stunted shrubs (Gagne
and Cuddihy 1990).
The land that supports these 11 plant taxa is owned by the City and
County of Honolulu, the State of Hawaii (including land classified as
natural area reserve and forest reserve), the Federal government, and
various private parties. Plants on Federal land are located on the
boundary of Schofield Barracks Military Reservation, under the
jurisdiction of the U.S. Army, and Lualualei Naval Reserve, under the
jurisdiction of the U.S. Navy. Populations of five taxa grow on land
leased by the U.S. Army from private parties and the State.

Discussion of the 11 Plant Taxa

P.E. Boissier (1862) described Euphorbia deppeana based on a 1835
collection by Ferdinand Deppe that had been erroneously labelled as
being from California (Millspaugh 1916; Sherff 1941, 1944). Otto and
Isa Degener and Leon Croizat accepted the elevation of the section
Chamaesyce to the generic level and published the necessary
combinations for the Hawaiian taxa (Croizat 1943; Degener and Croizat
1936a, 1936b, 1937; Koutnik 1987; Koutnik and Huft 1990). Other names
by which Chamaesyce deppeana has been known are Anisophyllum
californicum (Koutnik 1987), Chamaesyce festiva (Degener and Croizat
1936b), Euphorbia festiva (Sherff 1936), and E. pauciflora (Koutnik and
Huft 1990).
Chamaesyce deppeana, a member of the spurge family (Euphorbiaceae),
is an erect subshrub up to 4 feet (ft) (1.2 meters (m)) tall with fuzzy
branches. The hairless leaves, generally oval-shaped and often notched
at their tips, are between 0.2 and 0.8 in (5 and 20 millimeters (mm))
long and 0.2 and 0.5 in (5 and 12 mm) wide; they are arranged in two
opposite rows along the stem. The leaf margins are usually toothed,
rarely toothless. The small, petalless flower clusters (cyathia), 0.06
to 0.1 in (1.5 to 3 mm) wide, are borne singly in the leaf axils (point
between the stem and leaf stalk) and produce small capsules about 0.1
in (2 mm) long. Seeds have not been observed. This species is
distinguished from others in the genus by the following combination of
characters: leaves arranged in two rows on opposite sides of the
branches; leaves glabrous; leaf apex notched; leaf margin toothed; and
cyathia width (Boissier 1862, Koutnik and Huft 1990, Sherff 1936).
Historically, Chamaesyce deppeana was known only from southern
Oahu. Because the few collections that were made were collected prior
to the 20th century, it was thought to be extinct (Koutnik and Huft
1990). In 1986, Joel Lau and Sam Gon of The Nature Conservancy of
Hawaii (TNCH) rediscovered C. deppeana on State land in the southern
Koolau Mountains of Oahu in Nuuanu Pali Wayside State Park near the
Pali Lookout, a popular tourist attraction (Hawaii Heritage Program
(HHP) 1991a). About 50 to 100 individuals grow near there, with such
plant taxa as 'ohi'a, Bidens sandvicensis (ko'oko'olau), Casuarina
equisetifolia (common ironwood), and Phyllanthus distichus (pamakani
mahu) (Hawaii Plant Conservation Center (HPCC) 1990a; Joel Lau, TNCH,
John Obata and Steve Perlman, HPCC, pers. comms., 1991). The most
visible and accessible plants, comprising about 30 percent of the
population, are confined to a 200 square foot (sq ft) (20 sq m) area,
portions of which extend to within 15 ft (5 m) of the Pali Lookout
parking lot (HHP 1991a). The remaining plants are scattered on an
adjacent steep, exposed, windswept slope growing with grasses and
shrubs (HHP 1991a; J. Lau, pers. comm., 1991). This population is found
at an elevation of approximately 1,000 ft (300 m) (Center for Plant
Conservation (CPC) 1989b, HHP 1991a, HPCC 1990a, Koutnik and Huft
1990). The major threats to the single known population of Chamaesyce
deppeana are competition for water, space, light, and nutrients with
various alien plant taxa (common ironwood, Paspalum conjugatum (Hilo
grass), and Schinus terebinthifolius (Christmas berry)), and stochastic
extinction due to the limited number of individuals and restricted
range. Fire and impact by humans threaten the species as well.
Cyanea truncata was first collected on the Punaluu Valley Trail in
1911 by Joseph Rock and was placed by him in the genus Rollandia (Rock
1913). On further examination, Rock (1917) transferred the species to
the closely related genus Cyanea because of its free staminal column.
Charles N. Forbes (1916) described and named a specimen from Waiahole
Valley C. juddii, which Rock later reduced to synonymy under C.
truncata (Rock 1919). Harold St. John (1939) recognized this taxon at
the varietal level and published the combination C. truncata var.
juddii. In 1987, St. John, questioning the validity of the characters
used to delineate the genus Cyanea, transferred all taxa of Cyanea to
another closely related genus, Delissea (St. John 1987, St. John and
Takeuchi 1987). Few botanists have accepted St. John's taxonomy for
this group; the majority continue to recognize the genus Cyanea, and
the latest revision of the genus recognizes only C. truncata (Lammers
1990). The specific epithet refers to the plant's occasionally truncate
leaf base.
Cyanea truncata, of the bellflower family (Campanulaceae), is an
unbranched or sparsely branched shrub covered with small sharp
prickles. The oval leaves, which are widest above the middle, are 8 to
24 in (22 to 60 cm) long and 4 to 10 in (10 to 26 cm) wide, and are
lined with hardened teeth along the margins. The upper surface of the
leaf is hairless; the lower surface is hairy, has sparse projections,
and is pale green. Clusters of 8 to 40 white flowers with magenta
stripes are produced on horizontal or hanging stalks between 2 and 12
in (5 to 28 cm) long. Each slightly curved flower is 1.3 to 1.7 in (32
to 42 mm) long and about 0.3 in (7 mm) wide and has spreading corolla
lobes that are one-fourth to one-half as long as the flower. The fruits
are round orange berries about 0.4 in (9 mm) long that contain many
tiny seeds. Cyanea truncata is distinguished from other members of this
genus by the length of the flower cluster stalk and the size of the
flowers and flower lobes (Degener 1932a; Forbes 1916; Lammers 1990;
Rock 1913, 1919; St. John 1939).
Historically, Cyanea truncata was known from Punaluu, Waikane, and
Waiahole in the northern Koolau Mountains of Oahu (HHP 1991b2 to
1991b4). These sites have not been recently surveyed due to their
inaccessibility, but it is known that suitable habitat is present. One
population of at least two individuals was known to exist in ``Hidden
Valley,'' a drainage northwest of Kaaawa Valley that terminates at
Kaaawa Point in the Koolau Range (HHP 1991b1, Rock 1962); however, that
population was destroyed by feral pigs (CPC 1989a, 1989b, 1990). In
1991, John Obata of HPCC discovered 20 immature lobeliods growing on
private land along a gully floor further upstream from the site of the
destroyed C. truncata population (HPCC 1991a; J. Obata, pers. comm.,
1991). This was thought to be the only known population of this
species. An individual from this sterile population was salvaged from
pig-damaged areas in 1991 and this individual flowered on June 22,
1993. This individual turned out to be Rollandia crispa (not C.
truncata). A site visit in July 1993 determined that all of the plants
previously thought to be C. truncata were actually R. crispa. No
individuals of C. truncata were located, though it is possible that
juvenile plants could be found in the valley floor (Loyal Mehrhoff,
U.S. Fish and Wildlife Service, pers. comm., 1993).
Cyanea truncata typically grows on windward slopes in mesic to wet
forests at elevations between 800 and 1,300 ft (240 and 400 m) (HHP
1991b1, Lammers 1990). Associated plant taxa include Hibiscus
arnottianus (koki'o ke'oke'o), Diospyros sandwicensis (lama), 'ohi'a,
Aleurites moluccana (kukui), Cyrtandra propinqua (ha'iwale), Neraudia
melastomifolia (ma'aloa), Pisonia umbellifera (papala kepau), and Piper
methysticum ('awa) (HPCC 1991a; Wagner et al. 1990; J. Lau and J.
Obata, pers. comms., 1991; L. Mehrhoff, pers. comm., 1993). The major
threats to Cyanea truncata are habitat degradation and predation by
feral pigs, competition with invasive alien plant taxa (Clidemia hirta
(Koster's curse) and Psidium cattleianum (strawberry guava)), and
stochastic extinction and/or reduced reproductive vigor due to the
small number of remaining individuals.
Cyrtandra crenata was first described by Harold St. John and
William Storey (1950) from a specimen that they had collected on the
Waikane-Schofield Trail. The specific name refers to the rounded teeth
of the leaf margin (St. John 1966).
Cyrtandra crenata, a member of the African violet family
(Gesneriaceae), is a shrub 3 to 7 ft (1 to 2 m) tall with few branches.
The leaves are arranged in whorls of three, tufted at the end of
branches; they are generally elliptic or lance-shaped, 4.7 to 11 in (12
to 28 cm) long and 1.6 to 3.1 in (4 to 8 cm) wide, and have toothed
margins. The upper leaf surface is generally hairless and has a
wrinkled texture; the lower surface has only sparse hairs. Dense
clusters of three to seven white flowers, covered with thick brown
hair, arise from the leaf axils. The calyx is bilaterally symmetrical,
with the three upper lobes somewhat longer than the two lower lobes.
The curved, funnel-shaped flowers, about 0.9 in (24 mm) long and 0.2 in
(4 mm) wide, develop into fleshy ellipsoid berries about 0.7 in (1.8
cm) long that contain numerous tiny seeds. The berries, as well as
various other plant parts, are covered with short-stalked, brownish,
hemispherical glands. C. crenata is distinguished from other species in
the genus by the combination of its three-leaf arrangement, bilaterally
symmetrical calyx, and brownish, hemispherical glands (St. John 1966,
St. John and Storey 1950, Wagner et al. 1990).
Historically, Cyrtandra crenata was known from Waikane Valley along
the Waikane-Schofield Trail in the Koolau Mountains (HHP 1991c1, St.
John 1966, St. John and Storey 1950). It now remains below that trail,
about 0.5 mi (0.8 km) from its historical location, at the boundary of
private and State lands (HHP 1991c2). This population has not been
observed since 1947 and although the number of remaining individuals is
not known, it is thought to be very low. This species typically grows
in ravines or gulches in mesic to wet forests between elevations of
1,250 and 2,400 ft (380 and 730 m) with associated plant taxa such as
'ohi'a, Dicranopteris linearis (uluhe), and Machaerina angustifolia
('uki) (Wagner et al. 1990; S. Perlman, pers. comm., 1991). The primary
threat to this species is stochastic extinction and/or reduced
reproductive vigor due to the species' restricted range and the small
number of individuals that are thought to exist.
On the basis of a collection by Wilhelm Hillebrand, C.B. Clarke
(1883) described Cyrtandra polyantha, choosing the specific epithet to
refer to the many-flowered clusters (St. John 1966). A description of
C. triflora by Hillebrand (1888) is believed to be, in part, a
description of C. polyantha (Wagner et al. 1990).
Cyrtandra polyantha, a member of the African violet family, is an
unbranched or few-branched shrub 3 to 10 ft (1 to 3 m) in height. Its
leathery, elliptic, unequal leaves are 2 to 6.3 in (5 to 16 cm) long
and 0.7 to 2 in (1.8 to 5.2 cm) wide and attached oppositely along the
stems. The upper surface of the leaves is conspicuously wrinkled and
usually hairless, with the lower surface moderately to densely covered
with pale brown hairs. Seven to 12 flowers are grouped in branched
clusters in the leaf axils. The white petals, fused to form a
cylindrical tube about 0.5 in (12 mm) long, emerge from a radially
symmetrical calyx, 0.2 in (5 mm) long, that is cleft from one-half to
two-thirds its length. Each calyx lobe, narrowly triangular in shape,
is sparsely hairy on the outside and hairless within. The fruits are
white oval berries about 0.6 in (1.6 cm) long that contain many seeds
about 0.02 in (0.5 mm) long. Cyrtandra polyantha is distinguished from
other species in the genus by the texture and hairiness of the leaf
surfaces and the length, shape, and degree of cleft of the calyx. This
species differs from C. crenata by the lack of short-stalked glands and
by its leathery leaves, opposite leaf arrangement, and radially
symmetrical calyx (Clarke 1883, St. John 1966, Wagner et al. 1990).
Historically, Cyrtandra polyantha was known from the Kalihi region
and from Kulepiamoa Ridge above Niu Valley on the leeward (southwest)
side of the southern Koolau Mountains (HHP 1991d2, 1991d3; St. John
1966). Two populations, located farther south on Kuliouou summit ridge
and at the northwest head of Hahaione Valley (HHP 1991d1, 1991d4), are
approximately 1 mi (1.6 km) apart on private and State land. One of the
populations has not been visited within the past 50 years; it is not
known how many individuals remain. The most recently observed
population, last seen in 1953, consists of one individual. The total
number of extant individuals is not known, although only a few are
believed to remain on ridges of disturbed mesic valleys in 'ohi'a
forests at elevations between 1,600 to 2,000 ft (490 and 610 m) (HHP
1991d1, 1991d2, 1991d4). Cyrtandra polyantha probably grows in
association with 'uki, uluhe, Broussaisia arguta (kanawao), Coprosma
foliosa (pilo), and Psychotria (kopiko), taxa commonly found in the
'ohi'a-dominated forests of the Koolau Mountains (S. Perlman, pers.
comm., 1991). The primary threat to C. polyantha is stochastic
extinction and/or reduced reproductive vigor due to the small number of
remaining individuals and their restricted distribution.
Eugenia koolauensis was first described by Otto Degener (1932b)
from a specimen that he and K.K. Park collected from Kaipapau Valley in
the Koolau Mountains; it is named after its type locality. In 1957,
Kenneth Wilson and Joseph Rock described a new species, E.
molokaiensis, based upon a collection made by Rock in 1918 from
Maunaloa on the island of Molokai (Wilson 1957). Current classification
synonymizes the two species (Wagner et al. 1990).
Eugenia koolauensis, a member of the myrtle family (Myrtaceae), is
a small tree or shrub between 7 and 23 ft (2 and 7 m) tall with branch
tips covered with dense brown hairs. The leathery, oval or elliptic
leaves, 0.8 to 2 in (2 to 5 cm) long and 0.4 to 1.3 in (1 to 3.3 cm)
wide, are densely hairy on the lower surface and have margins that
curve under the leaves. One or two flowers grow from the leaf axils on
stalks 0.04 to 0.3 in (1 to 8 mm) long. The hypanthium (basal portion
of the flower) is cone-shaped, about 0.1 in (3 mm) long, and hairy. The
four sepals of unequal length that comprise the hypanthium are attached
to a circular nectary disk (fleshy, nectar-producing structure). The
four white petals, which are oval or elliptic and 0.2 to 0.3 in (4 to 8
mm) long, enclose numerous white stamens and are also attached to the
nectary disk. The fruits are fleshy, yellow to red, oval berries, 0.3
to 0.8 in (0.8 to 2 cm) long, that usually contain one round seed.
Eugenia koolauensis is one of two species in the genus that are native
to Hawaii. It differs from the other species in having leaves that are
densely hairy on the lower surface and leaf margins that curve under
the leaves (Degener 1932b, Wagner et al. 1990, Wilson 1957).
Eugenia koolauensis was historically known from Maunaloa on western
Molokai and from Kaipapau Valley, Hanaimoa and Kahawainui gulches, and
a gully southeast of Kahuku on Oahu (HHP 1991e1, 1991e2, 1991e4,
1991e6, 1991e7; Wilson 1957). This species is no longer believed to be
extant on the island of Molokai because the region where the first two
individuals were found has been converted to pineapple fields (CPC
1990). On Oahu, five populations now remain on State and private land
in Papali Gulch, the north fork of Kamananui Stream, in the regions of
Pupukea and Paumalu in the northern Koolau Mountains, and at Hawaiiloa,
a disjunct population in the southeastern Koolau Mountains (Garnett
1990; HHP 1991e3, 1991e5, 1991e8; HPCC 1991b1, 1991b2; J. Obata and S.
Perlman, pers. comms., 1991). A total of fewer than 60 individuals of
this species remain in dry gulches and ridges in mesic forests
dominated by 'ohi 'a and/or lama at 350 to 1,000 ft (100 to 300 m) in
elevation (HHP 1991e3, 1991e5, 1991e8; Wagner et al. 1990). Other
associated plant taxa include Myrsine lessertiana (kolea), Nestegis
sandwicensis (olopua), Pleomele halapepe (hala pepe), and Psydrax
odoratum (alahe'e) (HHP 1991e5 to 1991e8; HPCC 1991b1, 1991b2; J. Lau,
pers. comm., 1991). Habitat degradation by feral pigs and competition
with alien plant taxa (Christmas berry, Koster's curse, strawberry
guava, Lantana camara (lantana)) are the major threats to Eugenia
koolauensis. The limited numbers of this species make it vulnerable to
stochastic extinction and/or reduced reproductive vigor due to the
small number of individuals and limited gene pool.
The first specimen of Hesperomannia was collected by Horace Mann,
Jr. on the summit of the island of Lanai in 1864 (Brigham 1868, Degener
1932c). Asa Gray (1865) named the genus after its discoverer and also
gave it the specific name arborescens for its tree-like habit (Brigham
1868). Other names which refer to this species are H. bushiana (Degener
1935), H. swezeyi (Degener 1933), and H. bushiana var. fosbergii
(Degener 1937). According to Warren L. Wagner and others (1990), the
last treatment of Hesperomannia (Carlquist 1957), which designates
three subspecies (subspecies arborescens, bushiana, and swezeyi) based
on leaf shape, achene (dry, one-seeded fruit) size, and number of
heads, does not seem to delimit geographical or ecological entities,
and therefore these subspecies do not warrant formal recognition.
Hesperomannia arborescens is a small shrubby tree of the aster
family (Asteraceae) that usually stands 5 to 16 ft (1.5 to 5 m) tall.
Its typically hairless leaves, 4 to 8 in (10 to 20 cm) long and 1 to 3
in (3 to 8 cm) wide, range from oval to lance-shaped and are about two
to four times as long as they are wide. The flower heads, which are
about 2.4 in (6 cm) long, are either erect or ascending, and grow
singly or in clusters of 2 to 10. They grow on thick fuzzy stalks 0.2
to 0.6 in (4 to 15 mm) long and about 0.1 in (3 mm) in diameter. The
involucre (set of bracts) that surrounds each flower head is between
0.8 and 1.4 in (2 and 3.5 cm) high, the longest individual bracts
growing to 1.1 in (2.8 cm). The yellow to yellowish brown florets that
comprise each head are about 0.9 to 1.2 in (2.4 to 3 cm) long and
develop into 0.5 in (1.3 cm) long achenes (dry, one-seeded, fruits)
topped with yellowish brown or purple-tinged bristles. This member of
an endemic Hawaiian genus differs from other Hesperomannia species in
having the following combination of characters: Erect to ascending
flower heads; thick flower head stalks; and usually hairless and
relatively narrow leaves (Brigham 1868; Carlquist 1957; Degener 1932c,
1933, 1935; Gray 1865; Hillebrand 1888; Marticorena and Parra 1975;
Rock 1913; Wagner et al. 1990).
Hesperomannia arborescens was formerly known from locations on
three islands: Kaiholena and Kukui on Lanai; Pelekunu Trail on Molokai;
and scattered populations throughout the Koolau Mountains, from
Koolauloa and Pupukea at its northern extreme to Konahuanui at the
southern end (Forbes 1920; HHP 1991f1 to 1991f10, 1991f12 to 1991f16,
1991f22). This species is now known from 18 populations totalling fewer
than 70 plants on the islands of Oahu, Molokai, and Maui. On Oahu, 15
populations, which total about 50 to 60 individuals, have been observed
since 1958 on private, Honolulu City and County, State, and Federal
lands at a few disjunct locations over a distance of about 27 mi (43
km). Locations include: upslope of Kahuku, Laie, and Malaekahana; along
Poamoho Trail above Poamoho Stream; along Waikane-Schofield Trail near
the ridge summit; at Kipapa Gulch; on Halawa Ridge; and upper Palolo
Valley to Niu Valley (HHP 1991f1, 1991f3, 1991f5, 1991f7, 1991f8,
1991f10, 1991f17 to 1991f21, 1993a1 to 1993a4; HPCC 1990b1; Marticorena
and Parra 1975; Derral Herbst, U.S. Fish and Wildlife Service, and S.
Perlman, pers. comms., 1991). The Waikane-Schofield population occurs
on the boundary of State (Ewa Forest Reserve) and Federal (Schofield
Barracks Military Reservation) lands. On Molokai, one population of
three individuals was found on State land in Olokui Natural Area
Reserve (NAR) (HHP 1991f11; HPCC 1991c; S. Perlman, pers. comm., 1991).
A recent discovery in 1989 by Joel Lau of TNCH extends this species'
range to the island of Maui, where two colonies totalling three
individuals were discovered about 0.3 mi (0.5 km) apart on State land
in West Maui NAR between Lanilili and Keahikauo (HHP 1991f23; HPCC
1990b2; J. Lau and S. Perlman, pers. comms., 1991). Hesperomannia
arborescens, often found on slopes or ridges in association with
'ohi'a, olopua, uluhe, Antidesma platyphyllum (hame), kopiko, Syzygium,
and common Melicope species, typically grows in lowland wet forests and
occasionally in scrub vegetation between 1,200 and 2,500 ft (360 and
750 m) in elevation (HHP 1991; HHP 1991f1 to 1991f3, 1991f5 to 1991f10,
1991f13 to 1991f18, 1991f20, 1991f22, 1991f23, 1993a1 to 1993a4; HPCC
1991c; Wagner et al. 1990; J. Lau, pers. comm., 1991). The Molokai
population grows in lama- and/or 'ohi'a-dominated lowland mesic forest
habitat within the same elevational range (HHP 1991f11; HPCC 1991c).
The major threats to Hesperomannia arborescens are habitat degradation
by feral pigs and goats, competition with alien plant taxa (Hilo grass,
Koster's curse, strawberry guava, Tibouchina herbacea), fire, and
impact by humans. Stochastic extinction and/or reduced reproductive
vigor due to this species' limited numbers are significant threats as
well.
Lobelia oahuensis, named by Rock (1918, 1919) for the island on
which the type specimen was collected, was transferred to the genus
Neowimmeria by the Degeners in 1974; a genus not accepted by current
authorities (Lammers 1990).
Lobelia oahuensis, a member of the bellflower family, is a stout,
erect, unbranched shrub 3 to 10 ft (1 to 3 m) tall. The elliptic
leaves, which are 16 to 24 in (40 to 60 cm) long and 1.6 to 2.4 in (4
to 6 cm) wide, are typically stalkless and form a very dense rosette at
the end of the stem. The upper surface of the leaves is hairless and
the lower surface is covered with rather coarse grayish or greenish
hairs. The inflorescence is branched 3 to 5 times from its base, with
each erect spike 3 to 5 ft (0.1 to 1.5 m) tall and comprised of 50 to
200 flowers. Each flower measures 1.7 to 1.8 in (42 to 45 mm) long and
about 0.2 in (5 mm) wide, with a 1.2 in (3 cm) long bract just below
it. The linear calyx lobes are about 0.6 in (16 mm) long and 0.1 in (3
mm) wide. The fruits are hairy, oval capsules 0.4 to 0.7 in (10 to 17
mm) long and about 0.4 in (9 mm) wide that contain numerous brownish
seeds. Lobelia oahuensis differs from other members of the genus in
having the following combination of characters: Erect stems 3 to 10 ft
(1 to 3 m) long; dense rosettes of leaves at the end of stems; lower
leaf surfaces covered with coarse grayish or greenish hairs; and
flowers 1.7 to 1.8 in (42 to 45 mm) long (Lammers 1990; Rock 1918,
1919; St. John and Hosaka 1935).
Historically, Lobelia oahuensis was known from Kahana Ridge, Kipapa
Gulch, and the southeastern Koolau Mountains of Oahu (HHP 1991g1,
1991g4 to 1991g7; St. John and Hosaka 1935). Nine populations totalling
between 100 and 200 individuals are located on private and State land
or on the boundary of private, State, City and County, and Federal
lands. Lobelia oahuensis grows on steep slopes along Koolau Mountain
ridgetops from Waikane and Halawa to Mount Olympus and the summit
ridges above Kuliouou and Waimanalo, a distance of about 17 mi (27 km)
(HHP 1991g1 to 1991g3, 1991g6, 1991g8 to 1991g10; HPCC 1991d; J. Obata
and S. Perlman, pers. comms., 1991). Ken Wood of HPCC and Joel Lau of
TNCH recently discovered a single mature individual of L. oahuensis on
the boundary between State land and Schofield Barracks Military
Reservation, extending the distribution of this species to the Waianae
Mountain Range of Oahu (J. Lau and Kenneth Wood, HPCC, pers. comms.,
1993). These nine populations are located between elevations of 2,800
and 3,000 ft (850 and 920 m) on summit cliffs in cloudswept wet forests
or in areas of low shrub cover that are frequently exposed to heavy
wind and rain (HHP 1991g1 to 1991g3, 1991g6 to 1991g10; HPCC 1991d;
Lammers 1990). Associated plant taxa include 'ohi'a, uluhe, 'uki,
Cheirodendron trigynum (olapa), Dubautia laxa (na'ena'e pua melemele),
and Labordia hosakana (kamakahala) (HHP 1991g1, 1991g2, 1991g7, 1991g8,
1991g10; HPCC 1991d; J. Obata, pers. comm., 1991). The noxious alien
plant Koster's curse is the primary threat to Lobelia oahuensis because
it effectively competes with this species for water, space, light, and
nutrients.
Lycopodium nutans was described by William D. Brackenridge in 1854
from a specimen collected from the ``high mountains'' of Oahu by
Charles Wilkes, commander of the U.S. Exploring Expedition of 1840 on
which Brackenridge was the horticulturist (Ollgaard 1989). The specific
epithet is probably in reference to the species' ``nodding'' or pendant
spikes. Other names by which this species has been known include
Huperzia nutans, Lycopodium phyllanthus var. nutans, and Urostachys
nutans, which are not accepted by current authorities (Ollgaard 1989).
Lycopodium nutans is an erect or pendulous herbaceous epiphyte
(plant growing above ground on other plants) of the clubmoss family
(Lycopodiaceae). Its stiff, light green branches, 10 to 16 in (25 to 40
cm) long and about 0.2 in (6 mm) thick, are covered with stiff, flat,
leathery leaves, 0.5 to 0.6 in (12 to 16 mm) long and about 0.1 in (2.5
mm) wide that overlap at acute angles. The leaves are arranged in six
rows and arise directly from the branches. The branches end in thick,
2.8 to 5.1 in (7 to 13 cm) long fruiting spikes that are unbranched or
branch once or twice, and taper toward a downward-curving tip. Bracts
on the fruiting spikes, between 0.1 and 0.2 in (3 to 5 mm) long, are
densely layered and conceal the spore capsules. This species can be
distinguished from others of the genus in Hawaii by its epiphytic
habit, simple or forking fruiting spikes, and larger and stiffer leaves
(Degener 1934, Hillebrand 1888, Wagner and Wagner 1987).
Historically, Lycopodium nutans was known from the island of Kauai
and from scattered locations in the Koolau Mountains of Oahu bounded by
Kaluanui Valley to the north, Paalaa to the west, and Mount Tantalus to
the south (HHP 1991h1 to 1991h9; Skottsberg 1936). This species is now
known from only two sites within its historical range: Kaluanui Valley;
and along Waikane-Schofield Trail on Oahu. One population, located on
State land, was described as ``scarce'' when last observed in 1965 (HHP
1991h3). The other population, located about 5 mi (8 km) away on the
boundary of State (Ewa Forest Reserve) and Federal lands (Schofield
Barracks Military Reservation), grew in ``several places'' according to
its collector in 1961 (HHP 1991h4).
Two individuals of this population were observed in 1993 by Joel
Lau, TNCH (HHP 1993b1, 1993b2). The entire species totals fewer than 50
known individuals. Lycopodium nutans grows on tree trunks, usually on
open ridges and slopes in 'ohi'a-dominated wet forests and occasionally
mesic forests (HHP 1991h5 to 1991h7, Hosaka 1937) between 2,000 and
3,500 ft (600 and 1,070 m) in elevation (Robinson 1914, Selling 1946).
The vegetation in those areas typically includes kanawao, uluhe, 'uki,
Hibiscus sp., hame, and kopiko (HHP 1993b1, 1993b2; S. Perlman, pers.
comm., 1991). The primary threat to L. nutans is stochastic extinction
and/or reduced reproductive vigor because of the small number of
remaining individuals and limited distribution. Additional threats to
L. nutans are the noxious alien plants Koster's curse and strawberry
guava.
Hillebrand (1888) described Pelea lydgatei based on a collection by
John M. Lydgate from Palolo Valley, Oahu. In an action not accepted by
other taxonomists, Emmanuel Drake del Castillo (1890) transferred the
species to the genus Evodia. In 1944, St. John described two new
species, P. descendens and P. semiternata, which he later determined
were synonymous (St. John 1979). Current authorities, however, do not
accept St. John's species as being sufficiently different from P.
lydgatei to maintain them as distinct taxa. Thomas G. Hartley and
Benjamin C. Stone (1989, Stone et al. 1990, Wagner et al. 1990)
synonymized the genus Pelea with Melicope, resulting in the present
combination.
Melicope lydgatei is a small shrub of the citrus family (Rutaceae)
that has leaves arranged oppositely or in threes. The glossy, papery
leaves, which are 1.6 to 5.1 in (4 to 13 cm) long and 0.6 to 2.6 in
(1.5 to 6.5 cm) wide, vary from lance-shaped to oblong. Flowers are
usually functionally unisexual, with both unisexual and bisexual
flowers growing on the same plant. Its aromatic, greenish white flowers
are about 0.2 to 0.3 in (4 to 7 mm) long and arise singly or in
clusters of two or three. The four-lobed capsules, which have sections
fused for one-fourth to one-third their length, are between 0.6 and 0.9
in (14 and 22 mm) wide, and contain one or two glossy black seeds,
about 0.2 in (5 mm) long, in each section. Both the exocarp and
endocarp (outermost and innermost layers of the fruit wall,
respectively) are hairless. The species' leaf arrangement (opposite or
in groups of three), the amount of fusion of the fruit sections, and
the hairless exocarp and endocarp distinguish it from others in the
genus (Hillebrand 1888; St. John 1944, 1979; Stone 1969; Wagner et al.
1990).
Melicope lydgatei was formerly known throughout the Koolau
Mountains of Oahu from Hauula to Kahana, Kipapa Gulch to Waimano, and
Kalihi Valley to Wailupe Valley (HHP 1991i1 to 1991i8, 1991i10 to
1991i12, 1993c). Only three populations totalling fewer than 10
individuals, distributed over a 7.5 mi (12 km) distance, remain within
its historical range: Along Poamoho Trail near the boundary of State
(Ewa Forest Reserve) and private lands; along Manana Trail, growing on
State land in Ewa Forest Reserve; and along Peahinaia Trail on private
lands (HHP 1991i9, 1991i13, 1993c). This species typically grows in
association with Acacia koa (koa), 'ohi'a, uluhe, kopiko, and Bobea
elatior ('ahakea lau nui) on open ridges in mesic forests and
occasionally in wet forests at elevations between 1,350 and 1,800 ft
(410 and 550 m) (HHP 1991i2, 1991i4 to 1991i6, 1991i8 to 1991i10,
1991i12, 1991i13, 1993c; Stone et al. 1990). The primary threat to M.
lydgatei is stochastic extinction and/or reduced reproductive vigor
because the few individuals that remain are restricted in distribution.
In 1826, Charles Gaudichaud-Beaupre described Rollandia crispa from
a fragmentary specimen of a leaf he collected. Gaudichaud-Beaupre
probably assigned it the specific epithet based on the crisp or crimped
leaf margin (Rock 1919). Names to which this species have been referred
are Lobelia crispa (Endlicher 1836), R. crispa var. muricata (Rock
1919), R. grandifolia (Hillebrand 1888), and the illegitimate name,
Cyanea rollandia (Gray 1861).
Rollandia crispa, a member of the bellflower family, is an
unbranched shrub with leaves clustered at the ends of succulent stems.
The broad oval leaves, 12 to 30 in (30 to 75 cm) long and 3.5 to 6.3 in
(9 to 16 cm) wide, have undulating, smooth or toothed leaf margins.
Each leaf is on a stalk 0.3 to 1.6 in (0.8 to 4 cm) long. Clusters of
three to eight fuzzy flowers grow on stalks 0.8 to 1.2 in (2 to 3 cm)
long, with each flower borne on a stalk 0.4 to 0.8 in (1 to 2 cm) long.
The calyx lobes are oval or oblong, 0.2 to 0.5 in (6 to 12 mm) long,
and often overlapping at their base. The fused petals, 1.6 to 2.4 in (4
to 6 cm) long and fuzzy, are pale magenta with darker longitudinal
stripes. The fruits are spherical berries 0.4 in (1 cm) in diameter,
that contain many minute, dark seeds. Rollandia crispa is distinguished
from other species in this endemic Hawaiian genus by its leaf shape,
distinct calyx lobes, and the length of the flowers and stalks of
flower clusters (de Candolle 1839, Hillebrand 1888, Lammers 1990, Rock
1919, Wawra 1873).
Historically, Rollandia crispa was known from scattered locations
throughout the upper elevations of the Koolau Mountains of Oahu from
Kaipapau Valley to the north to Waialae Iki Ridge to the southeast (HHP
1991j1 to 1991j15, 1991j17 to 1991j19; Skottsberg 1926). This species
is now known from State and private lands in Hidden Valley (26 plants),
Palolo Valley (1 plant), Kapakahi Gulch (1 plant), and Pia Valley (1
plant) (HHP 1991j8, 1991j16, 1991j17; HPCC 1990c; Lammers 1990; D.
Herbst, J. Obata, K. Nagata, B.P. Bishop Museum, S. Perlman, pers.
comms., 1991; L. Mehrhoff, pers. comm., 1993). The four populations are
scattered over a distance of about 19 mi (31 km). Three of the
populations contain a single, mature, flowering individual. The other
population (Hidden Valley) contains 7 mature, flowering plants and 19
juvenile plants, giving a total of fewer than 30 individuals for the
entire species. Rollandia crispa is found in habitats ranging from
steep, open mesic forests to gentle slopes or moist gullies of closed
wet forests, at elevations between 600 and 2,400 ft (185 and 730 m)
(HHP 1991j2, 1991j5, 1991j8, 1991j9, 1991j12, 1991j13, 1991j16; HPCC
1990c). Associated plant taxa include ke'oke'o, Cyanea acuminata
(haha), Microsorum spectrum (NCN), common Cyrtandra species, Pisonia,
Touchardia latifolia (olona), and the introduced strawberry guava,
'awa, kukui, and Cordyline fruticosa (ti) (HHP 1991j8, 1991j16; J.
Obata, pers. comm., 1991; L. Mehrhoff, pers. comm., 1993). The major
threats to R. crispa are habitat alteration and predation by feral
pigs, competition with noxious alien plant taxa (Koster's curse and
strawberry guava), and stochastic extinction and/or reduced
reproductive vigor due to the small number of remaining individuals,
their limited gene pool, and restricted distribution.
Based on a specimen collected by Lydgate in Niu Valley on Oahu,
Hillebrand described Pterotropia gymnocarpa, the specific epithet
referring to its entirely free and naked (lacking a covering) fruit
(Hillebrand 1888). Sherff (1952) renamed the species Tetraplasandra
gymnocarpa and split the species into four varieties (varieties
pupukeensis, leptocarpa, megalocarpa, and gymnocarpa) (Sherff 1952,
1953) that are considered synonymous in the latest treatment of the
genus (Lowrey 1990). Other names by which this species has been known
include Pterotropia gymnocarpa var. pupukeensis (Degener 1938),
Heptapleurum gymnocarpum (Drake del Castillo 1890), and Dipanax
gymnocarpa (Heller 1897).
Tetraplasandra gymnocarpa, a member of the ginseng family
(Araliaceae), is a tree 8 to 33 ft (2.5 to 10 m) tall, either hairless
or with fuzzy, short-lived hairs on the young leaves and flower
clusters. The leaves are 12 to 22 in (30 to 55 cm) long with 7 to 21
leathery, oval to elliptic leaflets per leaf. Each leaflet is 2.8 to
7.1 in (7 to 18 cm) long and 1.2 to 3.1 in (3 to 8 cm) wide, and is
folded upward along the midvein. The flowers are usually arranged in
threes or in an umbrella-shaped arrangement. Petals are 0.2 to 0.3 in
(4 to 8 mm) long and usually number 5 or 6 per flower, with an equal
number of stamens. The ovary, which usually has 3 or 4 sections,
appears placed atop the receptacle (base of the flower) in a superior
position, due to the expansion of the ovary disk (outgrowth of the
receptacle) and the reduction of the hypanthium (basal portion of the
flower). Fruits are purplish, oval or top-shaded drupes, 0.2 to 0.5 in
(6 to 12 mm) long, that enclose a papery endocarp and single seeds.
Tetraplasandra gymnocarpa is distinguished from all other species in
the genus in that its ovary appears fully superior (Degener 1938;
Degener and Degener 1962a, 1962b; Hillebrand 1888; Lowrey 1990; Sherff
1952, 1955).
Tetraplasandra gymnocarpa was historically known from Punaluu,
Waikakalaua Gulch, Mount Olympus, and the region between Niu and
Wailupe, all in the Koolau Mountains of Oahu (Degener 1938; HHP 1991k3,
1991k12 to 1991k14). Fifteen populations are now scattered along the
summit ridges of the Koolau Mountains over a distance of 28 mi (45 km),
from the region of Paumalu at the northern extreme to Kuliouou and
Waimanalo at the southeasternmost point (HHP 1991k1, 1991k2, 1991k4 to
1991k11, 1991k15 to 1991k18, 1993c1, 1993d2; HPCC 1991e; S. Perlman,
pers. comm., 1991). One population in the Waianae Mountains, located on
Palikea ridge on the border of Federal and private lands, was last
visited in 1954; it is not known whether it still exists (HHP 1991k8).
Most populations contain between one and six individuals, giving a
total of fewer than 40 individuals for the entire species. However,
because T. gymnocarpa is difficult to distinguish from other species
when infertile, the total number of individuals may be as high as ``a
few hundred'' (J. Obata, pers. comm., 1991). Tetraplasandra gymnocarpa
is typically found on windswept summit ridges or in gullies in wet or
sometimes mesic forests between elevations of 820 and 2,790 ft (250 and
850 m) with such associated plant taxa as 'ohi'a, olapa, uluhe, kopiko,
Labordia tinifolia (kamakahala), and Myrsine fosbergii (kolea) (HHP
1991k1, 1991k2, 1991k4 to 1991k7, 1991k9, 1991k11, 1991k14, 1991k15,
1991k17, 1991k18, 1993d1; HPCC 1991e; Lowrey 1990). The major threats
to T. gymnocarpa are competition with the alien plant taxon Koster's
curse, feral pigs, and reduced reproductive vigor due to the limited
gene pool because of the small number of extant individuals.

Previous Federal Action

Federal action on these plants began as a result of section 12 of
the Act, which directed the Secretary of the Smithsonian Institution to
prepare a report on plants considered to be endangered, threatened, or
extinct in the United States. This report, designated as House Document
No. 94-51, was presented to Congress on January 9, 1975. In that
document, Cyrtandra crenata, Cyrtandra polyantha, Hesperomannia
arborescens (as H. arborescens ssp. bushiana and ssp. swezeyi), Lobelia
oahuensis, Melicope lydgatei (as Pelea lydgatei and P. descendens), and
Tetraplasandra gymnocarpa (as T. gymnocarpa var. pupukeensis) were
considered to be endangered. Huperzia nutans (as Lycopodium nutans) was
considered to be threatened, and Chamaesyce deppeana (as Euphorbia
deppeana) and Eugenia koolauensis (as Eugenia molokaiana) were
considered to be extinct. On July 1, 1975, the Service published a
notice in the Federal Register (40 FR 27823) of its acceptance of the
Smithsonian report as a petition within the context of section 4(c)(2)
(now section 4(b)(3)) of the Act, and giving notice of its intention to
review the status of the plant species named therein. As a result of
that review, on June 16, 1976, the Service published a proposed rule in
the Federal Register (41 FR 24523) to determine endangered status
pursuant to section 4 of the Act for approximately 1,700 vascular plant
species, including all of the above taxa considered to be endangered or
threatened or thought to be extinct. The list of 1,700 plant species
was assembled on the basis of comments and data received by the
Smithsonian Institution and the Service in response to House Document
No. 94-51 and the July 1, 1975, Federal Register publication.
General comments received in response to the 1976 proposal are
summarized in an April 26, 1978, Federal Register publication (43 FR
17909). In 1978, amendments to the Act required that all proposals over
two years old be withdrawn. A one-year grace period was given to
proposals already over two years old. On December 10, 1979, the Service
published a notice in the Federal Register (44 FR 70796) withdrawing
the portion of the June 16, 1976, proposal that had not been made
final, along with four other proposals that had expired. The Service
published updated notices of review for plants on December 15, 1980 (45
FR 82479), September 27, 1985 (50 FR 39525), and February 21, 1990 (55
FR 6183). In at least one of these notices, eight of the species
(including synonymous taxa) that had been in the 1976 proposed rule
were treated as category 1 candidates for Federal listing. Category 1
species are those for which the Service has on file substantial
information on biological vulnerability and threats to support
preparation of listing proposals. Other than Chamaesyce deppeana (as
Euphorbia deppeana), Huperzia nutans (as Lycopodium nutans), Melicope
lydgatei (as Pelea lydgatei and P. descendens) and Tetraplasandra
gymnocarpa (as T. gymnocarpa var. pupukeensis), all the aforementioned
species that were either proposed as endangered or threatened or
thought to be extinct in the June 16, 1976, proposed rule were
considered category 1 candidates in all three notices of review.
Melicope lydgatei (as Pelea lydgatei and P. descendens), a category 1
species in the 1980 and 1985 notices, was conferred category 1* status
in the 1990 notice. Category 1* species are those which are possibly
extinct; however, because new information regarding this species'
existence has become available, it was proposed for listing. In the
1980 and 1985 notices, Huperzia nutans (as Lycopodium nutans) was
considered a category 2 species and Chamaesyce deppeana (as Euphorbia
deppeana) a category 3A species. Category 2 species are those for which
there is some evidence of vulnerability, but for which there are not
enough data to support listing proposals at the time. Category 3A
species are those for which the Service has persuasive evidence of
extinction. For those two species, because new information provided
support for listing or indicated their current existence, they were
conferred category 1 status in the 1990 notice. Tetraplasandra
gymnocarpa var. pupukeensis appeared as a category 3B species in the
1980 and 1985 notices; in the 1990 notice, it was considered synonymous
with T. gymnocarpa, a category 1 species. Category 3B species are those
which, on the basis of current taxonomic understanding, do not
represent distinct taxa meeting the Act's definition of ``species.''
Cyanea truncata and Rollandia crispa first appeared in the 1990 notice,
as a category 1 species.
Section 4(b)(3)(B) of the Act requires the Secretary to make
findings on petitions that present substantial information indicating
the petitioned action may be warranted within 12 months of their
receipt. Section 2(b)(1) of the 1982 amendments further requires all
petitions pending on October 13, 1982, be treated as having been newly
submitted on that date. On October 13, 1983, the Service found that the
petitioned listing of these species was warranted, but precluded by
other pending listing actions, in accordance with section
4(b)(3)(B)(iii) of the Act; notification of this finding was published
on January 20, 1984 (49 FR 2485). Such a finding requires the Service
to consider the petition as having been submitted, pursuant to section
4(b)(3)(C)(i) of the Act. The finding was reviewed in October of 1984,
1985, 1986, 1987, 1988, 1989, 1990, and 1991. Publication of the
proposal constituted the final one-year finding for these 11 plant
taxa.
On October 14, 1992, the Service published in the Federal Register
(57 FR 47028) a proposal to list 11 plant taxa from the Koolau Mountain
Range, island of Oahu, as endangered. This proposal was based primarily
on information supplied by the Hawaii Heritage Program, the Hawaii
Plant Conservation Center, and observations by botanists and
naturalists. The Service now determines 11 species primarily from the
Koolau Mountain Range to be endangered with the publication of this
rule.

Summary of Comments and Recommendations

In the October 14, 1992, proposed rule and associated
notifications, all interested parties were requested to submit factual
reports or information that might contribute to the development of a
final rule. The public comment period ended on December 14, 1992.
Appropriate State agencies, county governments, Federal agencies,
scientific organizations, and other interested parties were contacted
and requested to comment. A newspaper notice inviting public comment
was published in the ``Honolulu Advertiser'' on October 23, 1992. Only
one letter of comment was received, from a conservation organization,
supporting the listing of these taxa from the Koolau Mountain Range,
island of Oahu, but raising no specific issues.

Summary of Factors Affecting the Species

After a thorough review and consideration of all information
available, the Service has determined that Chamaesyce deppeana (Boiss.)
Millsp. ('akoko), Cyanea truncata (Rock) Rock (haha), Cyrtandra crenata
St. John and Storey (ha'iwale), Cyrtandra polyantha C.B. Clarke
(ha'iwale), Eugenia koolauensis Degener (nioi), Hesperomannia
arborescens A. Gray (no common name (NCN)), Lobelia oahuensis Rock
(NCN), Lycopodium nutans Brack. (wawae'iole), Melicope lydgatei
(Hillebr.) Hartley and Stone (alani), Rollandia crispa Gaud. (NCN), and
Tetraplasandra gymnocarpa (Hillebr.) Sherff ('ohe'ohe) should be
classified as endangered species. Procedures found at section 4(a)(1)
of the Endangered Species Act (16 U.S.C. 1533 et seq.) and regulations
(50 CFR part 424) promulgated to implement the listing provisions of
the Act were followed. Threats to the 11 plant taxa are summarized in
Table 1. A species may be determined to be an endangered or threatened
species due to one or more of the five factors described in section
4(a)(1). These factors and their application to the 11 plant taxa in
this rule are as follows:

Table 1.--Summary of Threats
--------------------------------------------------------------------------------------------------------------------------------------------------------
Alien animals
Species --------------------------------------------- Alien plants Fire Human impacts Limited Nos.*
Pigs Goats Rodents
--------------------------------------------------------------------------------------------------------------------------------------------------------
Chamaesyce deppeana............................ ............. ............. ............. X X X X^{1,3
Cyanea truncata................................ X ............. P X P ............. X^{1,2
Cyrtandra crenata.............................. ............. ............. P............ ............. P P X^{1,2
Cyrtandra polyantha............................ ............. ............. P ............. P P X^{1,2
Eugenia koolauensis............................ X ............. ............. X P P X^{1,3
Hesperomannia arborescens...................... X X ............. X X X X^{3
Lobelia oahuensis.............................. P ............. P X ............. P .............
Lycopodium nutans.............................. ............. ............. ............. X P P X^{1,3
Melicope lydgatei.............................. ............. ............. ............. ............. P P X^{1,2
Rollandia crispa............................... X ............. P X P P X^{1,3
Tetraplasandra gymnocarpa...................... X ............. ............. X P P X^{3
--------------------------------------------------------------------------------------------------------------------------------------------------------
X = Immediate and significant threat.
P = Potential threat.
*No more than 100 individuals and/or no more than 5 populations.
\1\No more than 5 populations.
\2\No more than 10 individuals.
\3\No more than 100 individuals.

A. The Present or Threatened Destruction, Modification, or Curtailment
of Its Habitat or Range

The native vegetation of the Koolau Mountains and adjacent areas
has undergone extreme alterations because of past and present land
management practices, including deliberate alien plant and animal
introductions, agricultural development, military use, and recreational
use (Cuddihy and Stone 1990, Wagner et al. 1985). Degradation of
habitat by feral pigs and competition with alien plants are considered
the greatest present threats to the 11 plant taxa in this final rule.
Feral pigs (Sus scrofa) have been in the Koolau Mountains for about
150 years and are known to be one of the major modifiers of wet forest
habitats (Stone 1985). Pigs damage the native vegetation by rooting and
trampling the forest floor, which encourages the spread of alien plant
taxa that are better able to exploit the newly tilled soils than are
native taxa (Cuddihy and Stone 1990, Stone 1985). Feral pigs also feed
on the starchy interior of tree ferns (Cibotium) and other succulent-
stemmed plants (See Factor C). The last known population of three
individuals of Cyanea truncata in Hidden Valley was destroyed in recent
years by feral pigs (CPC 1989a, 1989b, 1990; HHP 1991b1). The continued
impact of pigs poses an immediate and severe threat to any plants of
Cyanea truncata that may remain (L. Mehrhoff, pers. comm., 1993).
Habitat degradation and predation of Rollandia crispa by pigs has been
observed at the Hidden Valley population (L. Mehrhoff, pers. comm.,
1993). Feral pigs are known to frequent regions of the Koolau Mountains
and threaten to destroy the habitat of Eugenia koolauensis,
Hesperomannia arborescens, Lobelia oahuensis, Rollandia crispa, and
Tetraplasandra gymnocarpa (HHP 1991f10, 1991g5, 1991j16, 1993a3,
1993d2; HPCC 1990b1, 1990c; K. Nagata and S. Perlman, pers. comms.,
1991). The only population of Hesperomannia arborescens on Maui is
threatened by pigs as well (HHP 1991f23, HPCC 1990b2).
Goats (Capra hircus) have become established on the island of
Molokai as well as other major Hawaiian islands (Kauai, Maui, and
Hawaii) (Cuddihy and Stone 1990, van Riper and van Riper 1982). Goats
are managed in Hawaii as a game animal, but are able to forage in
extremely rugged terrain and populate inaccessible areas where hunting
has little effect on their numbers (Culliney 1988, HHP 1990). Feral
goats eat native vegetation, trample roots and seedlings, cause
erosion, and promote the invasion of alien plants. On Molokai, goats
degrade dry forests at low elevations and they are expanding their
range (Cuddihy and Stone 1990; J. Lau, pers. comm., 1991). Goats browse
on introduced and native plants, especially in dry, open ecosystems
similar to that found between Wailau and Waiehu on the island of
Molokai. In 1989, it was observed that numerous goats occupied the
Wailau-Waiehu area and threatened the survival of the only population
of Hesperomannia arborescens on the island (HHP 1991f11). Although
there is no longer a large feral goat population on Oahu, the effects
of the goat trade in the early 1820s, which allowed goats to
proliferate without being confined by fences, and resultant damage by
goats to the native flora have permanently altered Oahu's native
ecosystems (Cuddihy and Stone 1990, Culliney 1988, Tomich 1986). Today,
little of the original forests of the Koolau Mountains remain (Wagner
et al. 1985).
Like goats, cattle (Bos taurus) were once abundant on Oahu. Because
of past restrictions on hunting, widespread ranching, and ineffective
confinement of the animals, the goat and cattle population boomed and
spread to many parts of the island (Culliney 1988). The impact of
cattle on the native vegetation was similar to that described for goats
(Cuddihy and Stone 1990, Scott et al. 1986, Tomich 1986). It was not
until local land managers recognized the extent of destruction of
native vegetation by these animals that their numbers were controlled.
However, by then much of the plant cover on cattle-grazing land on Oahu
and other islands was already degraded. Such areas remained grassland
for many years following the removal of cattle (Culliney 1988).
Although not a current threat to the taxa in this rule, cattle that
once roamed through the Koolau Mountains contributed to the reduction
in the range of many native plants, probably including at least some of
the 11 plant taxa.
Fire immediately threatens 2 of the 11 plant taxa (See Table 1) and
poses a possible threat to 8 other taxa. Because Hawaii's native plants
have evolved with only infrequent, naturally occurring episodes of fire
(lava flows, infrequent lightning strikes), most species are not
adapted to fire and are unable to recover well after recurring human-
set fires. Alien plants are often more fire-adapted than native taxa
and will quickly exploit suitable habitat after a fire (Cuddihy and
Stone 1990). Species that grow in dry and mesic vegetation communities
(including all of the 11 plant taxa except the wet forest and shrubland
species, Lobelia oahuensis) may be susceptible to accidentally or
maliciously set fires, especially near areas of habitation from which
fires could easily spread. In the past 14 or 15 years, approximately 8
to 10 fires occurred in conservation districts under the jurisdiction
of the Hawaii Division of Forestry and Wildlife in the low elevation
slopes of the Koolau Mountains (Earl Pawn, State Division of Forestry
and Wildlife, pers. comm., 1991). Although the fires were contained
within small areas, the possibility remains for such fires to spread
upslope into habitat occupied by the endangered species, especially
during the dry summer months. Fires have been reported from dry and
mesic regions in the Koolau Mountains, threatening Hesperomannia
arborescens and Chamaesyce deppeana (HHP 1991a, 1991f1). A fire in the
vicinity of the population spread fueled by alien and naturalized
grasses and brisk updrafts typical of the area, although the extent of
the fire on Nuuanu Pali is not known.
Although the northern Koolau Mountains are mostly State or
privately owned, large parcels are leased to the U.S. Army (Wagner et
al. 1985). Military training exercises and ground maneuvers are
occasionally conducted in those areas, especially along the summit
ridges and in various locations above Kahuku. Because of the steep
terrain, training areas are restricted to foot travel; tanks and other
off-road vehicles are not utilized. Vehicles are only used on roads or
trails (Alton Kanno, Environmental Management Office, U.S. Army Support
Command, Hawaii, pers. comm., 1991), but the potential for affecting
one population of Hesperomannia arborescens that grows along a jeep
trail exists (HHP 1991f10). Trampling by ground troops associated with
training activities could also affect other endangered species,
including populations of Eugenia koolauensis, Hesperomannia
arborescens, Lobelia oahuensis, Lycopodium nutans, Melicope lydgatei,
and Tetraplasandra gymnocarpa that occur on land leased or owned by the
Army (HHP 1991e3, 1991e8, 1991f1, 1991f10, 1991f17, 1991f20, 1991f21,
1991h4, 1991i9, 1991k4, 1991k6, 1991k9).

B. Overutilization for Commercial, Recreational, Scientific, or
Educational Purposes

Unrestricted collecting for scientific or horticultural purposes
and excessive visits by individuals interested in seeing rare plants
are potential threats to all of the endangered species, but especially
to Cyanea truncata, Cyrtandra crenata, Cyrtandra polyantha, and
Melicope lydgatei, each of which has a total of 10 or fewer
individuals. Any collection of whole plants or reproductive parts of
any of these four species would cause an adverse impact on the gene
pool and threaten the survival of the species. The proximity of
approximately 30 percent of the known individuals of Chamaesyce
deppeana to a major scenic lookout, some within 15 ft (5 m) of heavy
pedestrian traffic, poses a threat to a significant proportion of the
entire species (J. Lau and J. Obata, pers. comms., 1991). Its
accessibility also may make the plants attractive to collectors. One
population of Hesperomannia arborescens is located close to a trail
and, thus, is easily accessible to visitors (HHP 1991f1). Populations
of Chamaesyce deppeana, Lobelia oahuensis, and Tetraplasandra
gymnocarpa are on the boundary of a game mammal hunting area and are
potentially threatened by trampling as hunters use the area (Buck
1991).

C. Disease and Predation

Disease is not known to be a significant threat to any of the
endangered species. However, a tiny beetle, black twig borer
(Xylosandrus compactus), is known to infest common taxa of Melicope in
the Koolau Mountains (Davis 1970). Black twig borers burrow into
branches and introduce a pathogenic fungus that kills twigs, reduces
plant vigor, and often destroys entire plants. Populations of Melicope
lydgatei that grow in the Koolau Mountains may be affected by these
insects (Davis 1970, Hara and Beardsley 1979).
Of the ungulates introduced to Oahu, pigs have become the primary
modifiers of wet forests in the Koolau Mountains. Not only do they
destroy native vegetation through their rooting activities and
dispersal of alien plant seed (See Factor A), but pigs also feed on
plants, preferring the pithy interior of large tree ferns and fleshy-
stemmed plants from the bellflower family (Stone 1985; Stone and Loope
1987; S. Perlman, pers. comm., 1991). Predation of Cyanea truncata and
Rollandia crispa by pigs has been observed and is believed to be one of
the primary causes of the decline or extirpation of populations (L.
Mehrhoff, pers. comm., 1993). Although the Service lacks conclusive
evidence of predation on the other fleshy-stemmed plant taxa in this
final rule, none of them are known to be unpalatable to pigs. Predation
is, therefore, a probable threat to Lobelia oahuensis in areas where
pigs have been reported.
Predation of Hawaii's native vegetation by goats and the extensive
damage caused by them have been well documented (Tomich 1986, van Riper
and van Riper 1982). Although browsing by goats is not confirmed for
the Hesperomannia arborescens population on Molokai, such activity
probably occurs, owing to the large number of goats in the vicinity.
Two rat taxa, Rattus rattus (black rat) and R. exulans (Polynesian
rat), and to a lesser extent other introduced rodents, eat large,
fleshy fruits and strip the bark of some native plants (Cuddihy and
Stone 1990, Tomich 1986, Wagner et al. 1985). Predation of plants in
the bellflower and African violet families that have fleshy stems and
fruits has been reported (J. Lau, pers. comm., 1991). Rats probably eat
the fruits of Cyanea truncata, Cyrtandra crenata, Cyrtandra polyantha,
Lobelia oahuensis, and Rollandia crispa, all of which produce fleshy
fruits and stems and grow in areas where rats occur (J. Lau and J.
Obata, pers. comms., 1991).
Little is known about the predation of certain rare Hawaiian plants
by slugs, particularly Milax gagantes, which is found in wet montane
habitats (Howarth 1985). Indiscriminate predation by slugs on plant
parts of Lobelia oahuensis and particularly the fruits of Rollandia
crispa has been observed; field botanists believe that the effect of
slugs on the decline of these and related taxa may be significant (S.
Perlman, pers. comm., 1991). Slugs pose a serious threat to these two
species because they chew through the stems and eat the fruit, reducing
the vigor of the plant and limiting the number of seeds for
germination.

D. The Inadequacy of Existing Regulatory Mechanisms

Of the 11 plant taxa in this final rule, a total of 8 have
populations located on privately owned land, 10 on State land, and 4 on
Federal land. One taxon is located exclusively on private land and one
is found only on State land. No State laws or existing regulatory
mechanisms at the present time effectively protect or prevent further
decline of these plant taxa on private land. However, Hawaii State laws
relating to the conservation of biological resources allow for the
acquisition of land as well as the development and implementation of
programs concerning the conservation of biological resources (HRS, sec.
195D-5(a)). State regulations prohibit the removal, destruction, or
damage of plants found on State lands. Despite the existence of State
laws and regulations which give protection to Hawaii's native plants,
their enforcement is difficult due to limited funding and personnel.
Federal listing automatically invokes listing under Hawaii State law,
which prohibits taking of endangered plants in the State and encourages
conservation by State agencies (HRS, sec. 195D-4). Hawaii's Endangered
Species Act states, ``Any species of aquatic life, wildlife, or land
plant that has been determined to be an endangered species pursuant to
the (Federal) Endangered Species Act shall be deemed to be an
endangered species under the provisions of this chapter * * *'' (HRS,
sec. 195D-4(a)). Further, the State may enter into agreements with
Federal agencies to administer and manage any area required for the
conservation, management, enhancement, or protection of endangered
species (HRS, sec. 195D-5(c)). Funds for these activities could be made
available under section 6 of the Federal Endangered Species Act (State
Cooperative Agreements). Listing of these 11 plant taxa reinforces and
supplements the protection available under the State Endangered Species
Act and other laws. The Federal Endangered Species Act also offers
additional protection to these 11 plant taxa because it is a violation
to remove, cut, dig up, damage, or destroy any such plant in an area
not under Federal jurisdiction in knowing violation of State law or
regulation or in the course of any violation of a State criminal
trespass law.

E. Other Natural or Manmade Factors Affecting Its Continued Existence

The small number of populations and individuals of most of these
taxa increases the potential for extinction from stochastic events. The
limited gene pool may depress reproductive vigor, or a single human-
caused or natural environmental disturbance could destroy a significant
percentage of the individuals or the only known extant population.
Three of the plant taxa in this final rule, Chamaesyce deppeana, Cyanea
truncata, and Cyrtandra crenata, are known from a single population.
Five other taxa are known from only two to five populations (See Table
1). Ten of the 11 plant taxa are estimated to number no more than 100
known individuals. Four of those taxa, Cyanea truncata, Cyrtandra
crenata, Cyrtandra polyantha, and Melicope lydgatei, are estimated to
number no more than 10 individuals.
Eight of the 11 endangered plant taxa are threatened by competition
with one or more alien plant taxa (See Table 1). Naturalized taxa
compete with native plants for space, light, water, and nutrients
(Cuddihy and Stone 1990). Clidemia hirta (Koster's curse), a noxious
shrub first cultivated in Wahiawa on Oahu, spread to the Koolau
Mountains prior to 1941, where it is now rapidly displacing native
vegetation (Wagner et al. 1985). Koster's curse spread to the Waianae
Mountains around 1970 and is now widespread throughout the southern
half of that mountain range (Cuddihy and Stone 1990, Smith 1985, Wagner
et al. 1985). This pest forms a dense understory, shading out other
plants and hindering plant regeneration, and is considered the major
alien plant threat in the Koolau Mountains (HHP 1987; Smith 1989; S.
Perlman, pers. comm., 1991). At present, Koster's curse threatens
Cyanea truncata, Eugenia koolauensis, Hesperomannia arborescens,
Lobelia oahuensis, Lycopodium nutans, Rollandia crispa, and
Tetraplasandra gymnocarpa (HHP 1993a1, 1993a2, 1993b2, 1993d1, 1993d2;
HPCC 1990b1; J. Lau, K. Nagata, J. Obata, and S. Perlman, pers. comms.,
1991).
Tibouchina herbacea, a relative of Koster's curse, first became
established on the island of Hawaii in the late 1970s and, by 1982, was
collected in Lanilili on West Maui (Almeda 1990). Although the
disruptive potential of this alien plant is not fully known, Tibouchina
herbacea appears to be rapidly invading mesic and wet forests of Maui,
and is considered the primary alien plant threat to the only population
of Hesperomannia arborescens on that island (Cuddihy and Stone 1990;
HPCC 1990b2; J. Lau, pers. comm., 1991).
Psidium cattleianum (strawberry guava) has become widely
naturalized on all the main islands of Hawaii. Found in mesic and wet
forests in the Koolau Mountains, strawberry guava develops into dense
stands in which few other plants can grow, displacing natural
vegetation. Strawberry guava is eaten by pigs that disperse the plant's
seeds through the forest (Smith 1985, Wagner et al. 1985). Cyanea
truncata, Eugenia koolauensis, Hesperomannia arborescens, Lycopodium
nutans, and Rollandia crispa are seriously threatened by this pervasive
weed (HHP 1991e8, 1991f1, 1991j16, 1993a4, 1993b1; HPCC 1991b1, 1991b2;
K. Nagata, S. Perlman, pers. comms., 1991).
After escaping from cultivation, Schinus terebinthifolius
(Christmas berry) became naturalized on most of the main Hawaiian
Islands (Wagner et al. 1990) and is a pervasive threat in the Koolau
Mountain Range. This fast-growing tree, distributed mainly by feral
pigs and fruit-eating birds, is able to form dense thickets that
displace other plants (Cuddihy and Stone 1990, Smith 1985, Stone 1985).
It is now replacing the native vegetation of the Koolau Mountains and
threatens to occupy the habitat of Chamaesyce deppeana and Eugenia
koolauensis (HHP 1991e5, HPCC 1990a).
Lantana camara (lantana) is an aggressive thicket-forming shrub,
brought to Hawaii as an ornamental, that has now become naturalized in
mesic forests, dry shrublands, and other disturbed habitats (Smith
1989, Wagner et al. 1990). Lantana poses an immediate threat to a
population of Eugenia koolauensis in the Koolau Mountains (HHP 1991e7).
Paspalum conjugatum (Hilo grass) is one of several perennial
grasses purposely introduced for cattle fodder that have become noxious
weeds on Oahu as well as other Hawaiian islands (Cuddihy and Stone
1990, Scott et al. 1986, Tomich 1986). Hilo grass rapidly forms a dense
ground cover in wet habitats from sea level to 6,600 ft (2,000 m) in
elevation and competes with ferns and other native plants (Cuddihy and
Stone 1990, Haselwood and Motter 1983, O'Connor 1990, Smith 1985). Its
small hairy seeds are easily transported on humans and animals or
carried by the wind through native forests. Hilo grass threatens
Chamaesyce deppeana and Hesperomannia arborescens (S. Perlman, pers.
comm., 1991).
Casuarina equisetifolia (common ironwood) is a large, fast-growing
tree that reaches up to 65 ft (20 m) in height (Wagner et al. 1990).
This large tree shades out other plants, takes up much of the available
nutrients, and possibly releases a chemical agent that prevents other
plants from growing beneath it (Neal 1965, Smith 1985). Like Hilo
grass, common ironwood is becoming a significant component of the wet
forest vegetation in Nuuanu Valley and poses a significant threat to
Chamaesyce deppeana (HHP 1991a; HPCC 1990a; S. Perlman, pers. comm.,
1991).
The Service has carefully assessed the best scientific and
commercial information available regarding the past, present, and
future threats faced by these taxa in determining to make this rule
final. Based on this evaluation, this rulemaking will list these 11
plant taxa as endangered. Ten of the taxa in this final rule either
number no more than about 100 individuals or are known from 5 or fewer
populations. The 11 plant taxa are threatened by one or more of the
following: Habitat degradation and/or predation by feral pigs and
goats; competition for space, light, water, and nutrients by alien
plants; habitat loss from fires; recreational activities; and predation
by animals. Small population sizes and limited distributions make these
plant taxa particularly vulnerable to extinction from reduced
reproductive vigor or from stochastic events. Because these 11 plant
taxa are in danger of extinction throughout all or a significant
portion of their ranges, they fit the definition of endangered as
defined in the Act.
Critical habitat is not being proposed for the 11 plant taxa
included in this final rule, for reasons discussed in the ``Critical
Habitat'' section of this rule.

Critical Habitat

Section 4(a)(3) of the Act, as amended, requires that, to the
maximum extent prudent and determinable, the Secretary propose critical
habitat at the time the species is proposed to be endangered or
threatened. The Service finds that designation of critical habitat is
not presently prudent for these 11 plant taxa. As discussed under
Factor B in the ``Summary of Factors Affecting the Species,'' the
species face numerous anthropogenic threats. The publication of precise
maps and descriptions of critical habitat in the Federal Register, as
required in a proposal for critical habitat, would increase the degree
of threat to these plants from take or vandalism and, therefore, could
contribute to their decline. The listing of these species as endangered
publicizes the rarity of the plants and, thus, can make these plants
attractive to researchers, curiosity seekers, or collectors of rare
plants. All involved parties and the major landowners have been
notified of the location and importance of protecting the habitat of
these species. Protection of the habitat of the species will be
addressed through the recovery process and through the Section 7
consultation process.
Therefore, the Service finds that designation of critical habitat
for these species is not prudent at this time, because such designation
would increase the degree of threat from vandalism, collecting, or
other human activities.

Available Conservation Measures

Conservation measures provided to species listed as endangered or
threatened under the Endangered Species Act include recognition,
recovery actions, requirements for Federal protection, and prohibitions
against certain activities. Recognition through listing encourages and
results in conservation actions by Federal, State, and private
agencies, groups, and individuals. The Endangered Species Act provides
for possible land acquisition and cooperation with the State and
requires that recovery actions be carried out for all listed species.
The protection required of Federal agencies and the prohibitions
against certain activities involving listed plants are discussed, in
part, below.
Section 7(a) of the Act, as amended, requires Federal agencies to
evaluate their actions with respect to any species that is proposed or
listed as endangered and with respect to its critical habitat, if any
is being designated. Regulations implementing this interagency
cooperation provision of the Act are codified at 50 CFR part 402.
Section 7(a)(4) of the Act requires Federal agencies to confer
informally with the Service on any action that is likely to jeopardize
the continued existence of a proposed endangered species or result in
destruction or adverse modification of proposed critical habitat. If a
species is listed subsequently, section 7(a)(2) requires Federal
agencies to insure that activities they authorize, fund, or carry out
are not likely to jeopardize the continued existence of such a species
or to destroy or adversely modify its critical habitat. If a Federal
action may affect a listed species or its critical habitat, the
responsible Federal agency must enter into formal consultation with the
Service. Four endangered species grow on federally owned land and five
species occur on land leased by the U.S. Army from the State and
private parties. There are no other known Federal activities that occur
within the present known habitat of these 11 plant species.
The Act and its implementing regulations found at 50 CFR 17.61,
17.62, and 17.63 for endangered plants set forth a series of general
prohibitions and exceptions that apply to all endangered and threatened
plant species. With respect to the 11 plant species, all prohibitions
of section 9(a)(2) of the Act, implemented by 50 CFR 17.61, would
apply. These prohibitions, in part, make it illegal with respect to any
endangered plant for any person subject to the jurisdiction of the
United States to import or export; transport in interstate or foreign
commerce in the course of a commercial activity; sell or offer for sale
in interstate or foreign commerce; remove and reduce to possession any
such species from areas under Federal jurisdiction; maliciously damage
or destroy any such species on any area under Federal jurisdiction; or
remove, cut, dig up, damage, or destroy any such species on any other
area in knowing violation of any State law or regulation or in the
course of any violation of a State criminal trespass law. Certain
exceptions apply to agents of the Service and State conservation
agencies. The Act and 50 CFR 17.62 and 17.63 also provide for the
issuance of permits to carry out otherwise prohibited activities
involving endangered plant species under certain circumstances. It is
anticipated that few permits would ever be sought or issued because the
species are not common in cultivation or in the wild.
Requests for copies of the regulations concerning listed plants and
inquiries regarding prohibitions and permits may be addressed to the
U.S. Fish and Wildlife Service, Ecological Services, Endangered Species
Permits, 911 NE. 11th Avenue, Portland, Oregon 97232-4181 (503/231-
6241; FAX 503/231-6243).

National Environmental Policy Act

The Fish and Wildlife Service has determined that an Environmental
Assessment or Environmental Impact Statement, as defined under the
authority of the National Environmental Policy Act of 1969, need not be
prepared in connection with regulations adopted pursuant to section
4(a) of the Endangered Species Act of 1973, as amended. A notice
outlining the Service's reasons for this determination was published in
the Federal Register on October 25, 1983 (48 FR 49244).

References Cited

A complete list of all references cited herein is available upon
request from the Pacific Islands Office. (See ADDRESSES above.)

Author

The primary authors of this final rule are Marie M. Bruegmann,
Loyal A. Mehrhoff, and Joan M. Yoshioka, Ecological Services, Pacific
Islands Office, U.S. Fish and Wildlife Service, 300 Ala Moana
Boulevard, room 6307, P.O. Box 50167, Honolulu, Hawaii 96850 (808/541-
2749).

List of Subjects in 50 CFR Part 17

Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, and Transportation.

Regulation Promulgation

Accordingly, part 17, subchapter B of chapter I, title 50 of the
Code of Federal Regulations, is amended as set forth below:

PART 17--[AMENDED]

1. The authority citation for part 17 continues to read as follows:

Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C.
4201-4245; Pub. L. 99-625, 100 Stat. 3500; unless otherwise noted.

2. Section 17.12(h) is amended by adding the following, in
alphabetical order under the families indicated, to the List of
Endangered and Threatened Plants:

Sec. 17.12 Endangered and threatened plants.

* * * * *
(h) * * *

----------------------------------------------------------------------------------------------------------------
Species
------------------------------------------- Historical range Status When listed Critical Special
Scientific name Common name habitat rules
----------------------------------------------------------------------------------------------------------------

* * * * * * *
Araliaceae--Ginseng
family:
Tetraplasandra 'Ohe'ohe............ U.S.A. (HI)........ E 536 NA NA
gymnocarpa.

* * * * * * *
Asteraceae--Aster
family:
Hesperomannia None................ U.S.A. (HI)........ E 536 NA NA
arborescens .

* * * * * * *
Campanulaceae--Bellf
lower family:
Cyanea truncata Haha................ U.S.A. (HI)........ E 536 NA NA

* * * * * * *
Lobelia None................ U.S.A. (HI)........ E 536 NA NA
oahuensis .

* * * * * * *
Rollandia crispa None................ U.S.A. (HI)........ E 537 NA NA

* * * * * * *
Euphorbiaceae--Spurg
e family:
Chamaesyce 'Akoko.............. U.S.A. (HI)........ E 536 NA NA
deppeana .

* * * * * * *
Gesneriaceae--Africa
n Violet family:
Cyrtandra Ha'iwale............ U.S.A. (HI)........ E 536 NA NA
crenata .

* * * * * * *
Cyrtandra Ha'iwale............ U.S.A. (HI)........ E 536 NA NA
polyantha .

* * * * * * *
Lycopodiaceae--Clubm
oss family:
Lycopodium Wawae'iole.......... U.S.A. (HI)........ E 536 NA NA
nutans .

* * * * * * *
Myrtaceae--Myrtle
family:
Eugenia Nioi................ U.S.A. (HI)........ E 536 NA NA
koolauensis .

* * * * * * *
Rutaceae--Citrus
family:
Melicope Alani............... U.S.A. (HI)........ E 536 NA NA
lydgatei
(=Pelea 1.).

* * * * * * *
----------------------------------------------------------------------------------------------------------------

Dated: February 28, 1994.
Mollie H. Beattie,
Director, Fish and Wildlife Service.
[FR Doc. 94-7223 Filed 3-25-94; 8:45 am]
BILLING CODE 4310-55-P}}}}}}}}}}